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Old 07-27-2011, 07:38 PM
 
Location: FL
132 posts, read 318,585 times
Reputation: 58

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I have been scouring the internet and can't find any good info on this. My grandmother is 91 and has been living with my mom for 6 years. She refused to allow her house to be sold, but her dementia is so severe she needs to be placed in a facility that specializes in dementia. Can she be placed in this type of facility without selling her house? My parents plan on putting it on the market, but the market is terrible right now! I'm in FL if the laws are state specific... Any help is greatly appreciated!
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Old 07-27-2011, 08:12 PM
 
4,738 posts, read 6,129,931 times
Reputation: 9646
Unless your grandmothers estate or you parents plan to pay cold, hard, cash for the nursing home care, the answer to your question is yes. Your grandmother's medi-care will only pay a portion of the monthly nursing home bill. If there is any estate, this includes anything (stocks, bank accounts, antiques, property) still in you g'ma's name or that was deeded or removed out of her name several years previous the nursing home will petition the court to have it disposed of to cover the nursing home account. Perhaps your g'mother had some sort of long term care insurance. This would prevent the estate from being pilfered.

My suggestion would be to get anything valuable or family heirloom out of the house before putting her in the nursing home. Have your parents been legally named as her custodian by the court or did she personally name them as her power of attorney. This could also make a difference on what is sold and what is divided among family members. If the court appoints them as custodian, then they will have to give the court a listing of all assets.
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Old 07-27-2011, 08:38 PM
 
Location: Metro DC
35 posts, read 62,130 times
Reputation: 51
I assume that your grandmother does not have sufficient resources to private pay for the nursing home care and will be applying for Medicaid coverage for her care. If that is true there are very specific eligibility criteria as to what type and the value of ($$$) assets, including value of her home, that she may have or retain to qualify. These vary by state. Some states will exclude the value of a primary residence up to a certain value, especially if there is a spouse also living there.
This website does a decent job explaining the eligibility rules in a general way:
Medicaid Rules - ElderLaw Articles (http://www.elderlawanswers.com/elder_info/elder_article.asp?id=2751#2 - broken link)

In addition most state Medicaid agencies have programs that will help you navigate eligibility and/or alternative programs to keep elders in the community. You can get information about those through the state's Medicaid agency offices.

Good luck. This is a tough road to maneuver through.
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Old 07-27-2011, 08:49 PM
 
Location: FL
132 posts, read 318,585 times
Reputation: 58
Thanks so much for your quick responses. I will definitely check out that link. My mom has POA and my dad is the beneficiary of her estate. Anything she has after she dies will be divided between my mom and my aunt. She receives SS and a small retirement monthly. She also has some money in the bank, but not much. Unfortunately, we have been unsuccessful in finding any long term insurance policies that she may have. However, we have found a few rip-off policies that she signed before my mom got POA! Those have since been canceled, but not before they helped drain her bank account.
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Old 07-27-2011, 09:29 PM
 
48,516 posts, read 83,890,268 times
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It really depdns if its medicaid. Soem state may have the law that allows it but mnay never take actio inmost cases to take the home. Actaully i most thsoe states there are quailfication to start with . Seldom i Teaxas once you qualify the state rarely goes after the home or other assets that are limited bu law to get qaulified in the first palce.that is often the reality verus the alw as written o takig homes after death.
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Old 07-27-2011, 09:42 PM
 
Location: Las Flores, Orange County, CA
26,346 posts, read 82,968,211 times
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Was the grandmother a veteran or married to a veteran? She may be entitled to VA benefits.
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Old 07-27-2011, 09:53 PM
 
Location: FL
132 posts, read 318,585 times
Reputation: 58
Quote:
Originally Posted by Charles View Post
Was the grandmother a veteran or married to a veteran? She may be entitled to VA benefits.
Actually, yes! My grandpa was a gunny. That is definitely something we should check into... Thanks!
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Old 07-27-2011, 09:55 PM
 
Location: Raleigh, NC
3,428 posts, read 9,248,639 times
Reputation: 2037
Reading your question, the answer is, it depends. Your mom has the POA, so she will have to place her, and she will have to sign as the "responsible party" which means she assumes the legal responsibility for the payments to the facility. She can draw funds from your grandmother's estate and from her Social Security. Your mother will have to pick up the rest of the amount out of her pocket if necessary. If the home is Medicaid-approved, your mother may want to initiate the process to qualify your grandmother for Medicaid. It's a long, drawn-out process, and yes, to qualify, her total assets have to be at or below the state's maximum level. If her assets are too high, then they will have to be sold for whatever value they can be on the market, usually at pennies on the dollar. They can't be given away.
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Old 07-27-2011, 09:56 PM
 
Location: Eretz Yisrael
21,353 posts, read 24,084,481 times
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Quote:
Can she be placed in this type of facility without selling her house?
Only if you are paying for it out of pocket or have insurance to cover it.

If you contact medicaid and she gets placed in a medicaid home, then yes they will take the house no matter who is POA or what the will states. They only way medicaid won't take the home is if she had a family caretaker who lived with her in her home for at least two years.

Quote:
She receives SS and a small retirement monthly.She also has some money in the bank, but not much.
All this would go to the medicaid home.

But beware if you do decide on the medicaid route, the homes are a terrible. A prison would be a few steps up.

Medicare does not cover nursing homes. They cover rehab homes but for only a limited amount of days.

Quote:
My suggestion would be to get anything valuable or family heirloom out of the house before putting her in the nursing home.
This is 100% correct. As medicaid will want an inventory of any valuables. If there is any bank accts, empty them and use it to prepay a funeral home (she may have a policy from the company she worked for) as that bill will come near $10k.


Quote:
If her assets are too high, then they will have to be sold for whatever value they can be on the market, usually at pennies on the dollar.
This is incorrect in relation to the home. The home would be placed onto the market at its assessed value for one full year. Per their own guidelines it cannot be sold for less than that for one entire year.
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Old 07-27-2011, 10:04 PM
 
16,437 posts, read 19,129,232 times
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Keep in mind that Medicaid as we know it is going away soon anyway. Plan beyond Medicaid, and that will inevitably mean going back to the time honored tradition of keeping the elderly in the younger generation's home. I know that's not what most of us want to think about, but no working class person can afford exorbitant nursing home costs (aprox $6000 a month give or take).
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